PA UC denied for tardiness under disqualified separation - Appeal worth it?
Got denied for unemployment last week because of 'disqualified separation' due to tardiness at my warehouse job. I was late 7 times in 6 months (usually 5-15 mins) but they had a strict 3-strike policy. The denial letter says I showed 'willful misconduct' by repeatedly violating their attendance policy. I did have some transportation issues (my car broke down twice) and had to rely on unreliable buses. I worked there for 3.5 years with good performance reviews otherwise. Has anyone successfully appealed a tardiness-based denial? What kind of evidence should I gather? My ex-boss even told me off the record that he didn't want to fire me but HR made him follow policy.
20 comments
Steven Adams
Yes, it's definitely worth appealing. PA unemployment judges often rule in favor of claimants with transportation issues, especially if you can prove you made efforts to arrive on time. You should gather: 1) Any documentation of car repairs 2) Bus schedules showing potential delays 3) Your performance reviews showing you were otherwise a good employee 4) Any written warnings that show exactly what dates/times you were late. The key is demonstrating that your tardiness wasn't 'willful misconduct' but instead was caused by factors outside your control. File your appeal ASAP - you only have 15 days from the determination date!
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Grace Durand
•Thanks for the detailed response! My determination notice is dated Jan 7, 2025, so I still have about a week to file. I have some repair receipts from my mechanic and screenshots of the bus route delays from the transit app. Do you think I should try to get a statement from my former supervisor about the 'off record' comment about not wanting to fire me?
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Alice Fleming
I got denied for the same thing last summer, appealed and WON! Make sure u mention if u ever called ahead when u were gonna be late. That helped me a LOT. The judge asked if i ever gave notice of lateness and i said yes everytime.
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Grace Durand
•That's great to hear! I did call ahead 5 of the 7 times, and I think there might be call logs in the company system. Did you have a hearing? Was it scary? I've never done anything like this before.
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Hassan Khoury
The key question for your appeal is whether your tardiness rises to the level of 'willful misconduct.' In PA, the employer bears the burden of proving that your actions were deliberate violations of their rules. Tardiness caused by genuine transportation problems, especially when you made efforts to notify them, often doesn't qualify as willful misconduct. Document everything, be honest about the times you were late, but emphasize the steps you took to mitigate (calling ahead, finding alternative transportation). Also, your 3.5 years of good employment there works in your favor - be sure to emphasize your otherwise positive work history. Appeals can take 6-8 weeks to schedule, so prepare financially for that gap.
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Victoria Stark
•This is great advice! I appealed after getting fired for attendance and won back in November. My hearing was over the phone and only lasted like 20 minutes. Just be super honest and don't exaggerate anything cause they can tell.
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Benjamin Kim
THEY ALWAYS DENY PEOPLE FIRST JUST TO SEE IF YOU'LL FIGHT IT!!! The whole system is designed to make people give up! Don't let them win!
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Samantha Howard
•That's not entirely accurate. They don't automatically deny claims. Each case is reviewed based on the information provided by both the claimant and employer. But I do agree that appealing is often worthwhile, as many initial determinations are overturned on appeal. The system isn't perfect, but it's not designed to make people give up.
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Megan D'Acosta
I had similar situation in 2024. What helped me win was proving I tried to be on time. I took pictures of the bus stop whne the bus didnt show up. Also had texts to my boss saying bus was late. Judge asked if I could have left earlier and I said yes but that woulda meant 2 extra hours of commuting each day which wasn't reasonable... he agreed!!!
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Grace Durand
•That's really smart about taking pictures! I wish I had done that with the bus delays. But I do have some text messages to my team lead about running late. I'll definitely gather those for evidence. Did you have a lawyer or go alone?
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Samantha Howard
If you're having trouble reaching a PA UC representative to discuss your appeal options, I found Claimyr to be extremely helpful. They connect you directly to a UC agent without the endless busy signals. You can see how it works at https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 or visit claimyr.com. I was skeptical at first, but after trying to get through for two weeks on my own, I used their service and spoke to someone the same day who explained exactly what documentation I needed for my appeal.
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Alice Fleming
•Omg thx for this! I been trying to call about my biweekly claim for THREE DAYS and just keep getting busy signals!!! Gonna check this out rn
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Victoria Stark
do you have any medical documentation about why u were late? my cousin got approved after appeal cuz he had doctors note about insomnia making him late for work sometimes
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Grace Durand
•No medical issues in my case, just transportation problems unfortunately. But that's good to know about medical documentation - I'll keep that in mind if I ever have issues in the future!
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Steven Adams
One more tip for your appeal: Be prepared for the referee to ask why you couldn't have left earlier to accommodate potential transportation issues. Have a reasonable explanation ready - whether it was childcare constraints, the bus schedule limitations, or other factors. Also, if you received progressive discipline (verbal warnings, written warnings) before termination, be ready to discuss the timeline and what steps you took after each warning to try to improve your punctuality. This shows good faith on your part.
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Grace Durand
•That's a great point! I did try leaving earlier after the first few warnings, but the earliest bus was still unreliable. And when my car was working, I started leaving 20 minutes earlier but still got caught in unexpected traffic twice. I'll make sure to emphasize that I really did try to fix the problem.
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Sarah Ali
My freind got denied for attendance too but it was cuz she missed whole days not just late. I think ur case is stronger since u always showed up just a few mins late. teh appeal hearing is over phone now post-covid which makes it less scary too
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Benjamin Kim
•PHONE HEARINGS ARE WORSE! They can't see your body language or if your being honest! I ALWAYS tell people to request in-person if possible!!!
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Hassan Khoury
After your appeal is filed, begin preparing for the hearing by organizing your evidence chronologically. You'll likely receive instructions about submitting evidence before the hearing date. Make sure to follow these exactly - if you're required to send copies to both the Unemployment Office and your former employer, failure to do so could result in your evidence being excluded. During the hearing itself, listen carefully to questions and answer directly without volunteering additional information unless it directly supports your case. Remember that PA uses a 'weekly claim' system, so even while waiting for your appeal, continue filing your weekly certifications to preserve your claim for those weeks.
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Grace Durand
•Thank you - this is really helpful! I was confused about whether I should keep filing weekly claims while waiting for the appeal decision. I'll definitely make sure to do that so I don't miss out on potential benefits if I win the appeal.
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